IP/N/I/GHA/U/l
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(2) Misleading may arise out of advertising or promotion and may, in
particular, occur with respectto
(a) the manufacturing process of a product;
(b) the suitability of a product or service for a particular purpose;
(c) the quality or quantity or other characteristics of a product or
service;
(d) the geographical origin of a product or service;
(e) the ·conditions on which a product or service is offered or
provided; or
(f) the price of a product or service or the manner in which the
price is calculated.
Discrediting another person's enterprise or its activities
4.. (1) Any false or unjustifiable allegation in the course of industrial or
commercial activities that-discredits or is likely to discredit another person's
enterprise or its activities, in particular, the products or services offered by
that enterprise, constitutes an act of unfair competition.
(2) Discrediting may arise out of advertising or promotion and may, in
particular, occur with respect to
(a) the manufacturing process or a product;
(b) the suitability of a product or service for a particular purpose;
(c) the quality or quantity or other characteristics of a product or
service;
(d) the conditions on which a product or service is offered or
provided; or
(e) the price of a product or service or the manner in which the
price is calculated.
Unfair-eompetition in respect of secret information
5. (1) Any act or practice in the course of industrial or commercial
activities, that results in the disclosure, acquisition or use by another person
of secret information without the consent of the rightful owner of that infor
mation and in a manner contrary'to honest commercial practices constitutes
an act of unfair competition.
(2) Disclosure, acquisition or use ofsecret information by another per
son without the consent of the rightful owner may, in particular, result from
(a) industrial or commercial espionage;
(b) breach of contract;
(c) breach of confidence;
(d) inducement to commit any of the acts referred to in paragraphs
(a) to (c);
(e) acquisition of secret information by a third party who knew or
was grossly negligent in failing to know, that an act referred to
in paragraphs (aJ to (d) was involved in the acquisition.
(3) For the purposes ofthis section, information is "secret information"
if
(a) it is not, as a body or in the precise configuration and assembly
of its components, generally known among or readily accessi
ble to persons within the circles that normally deal with the kind
of information in question;
(b) it has commercial value because it is secret; and
(c) it has been subject to reasonable steps under the circumstances
by the rightful owner to keep it secret.